Inheritance question

[Bsmirched]

My mum is 83 and has made a will leaving everything to me. My late sister's children (she was my only sibling) have already been given her half of my mum's estate.
I now have stage IV breast cancer so there is a reasonable chance I may pre-decease my mum. If that happened, would her estate pass automatically to my children, or does she need to add a codicil to her will?

Unless your DM has specified in her existing Will that your share will go to your DC if you predecease her, then she will need to add a Codicil.

If she hasn't, then as it stands, the bequest to you would fail and would go into the residue.

Your share should pass to your children. There is a specific provision (s33 of the Wills Act 1837) for cases of this kind, which says (roughly) that if a parent predeceases a grandparent, the parent’s share passes to the grandchildren.

But you would be much better off getting the will amended to contain a clause which says expressly that your mother wants your share to go to your children if you predecease her. It will make things much more straightforward for your children, both procedurally and if anyone tries to challenge the will.

Just to add - I’m not a lawyer, and you should consult a solicitor if you can.

Thank you so much.

There is a section in your will called residuary estate which can include details if what happens in the event of the named beneficiary dying before the testator.